Lesly Mendoza Hurtado v. Todd Blanche
CourtCourt of Appeals for the Ninth Circuit
Date FiledOctober 21, 2026
Docket18-70749
StatusUnpublished
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Full Opinion
NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS OCT 21 2026
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
LESLY YARELI MENDOZA HURTADO, No. 18-70749
Agency Nos.
Petitioners, A208-303-458
v.
MEMORANDUM*
TODD BLANCHE, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 19, 2026**
Pasadena, California
Before: BUMATAY, VANDYKE, and MENDOZA, JR., Circuit Judges.
Petitioner Lesly Yareli Mendoza Hurtado is a native and citizen of
Guatemala. She petitions for review of a decision by the Board of Immigration
Appeals (“BIA”) denying her application for asylum, withholding of removal, and
protection under the Convention Against Torture (“CAT”). We have jurisdiction
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
pursuant to 8 U.S.C. § 1252. We deny the petition.
“Because the BIA expressly adopted the IJ’s decision under Matter of
Burbano, but also provided its own review of the evidence and the law, we review
both the IJ and the BIA’s decision.” Joseph v. Holder, 600 F.3d 1235, 1240 (9th
Cir. 2010). “We review questions of law de novo and the agency’s factual findings
for substantial evidence.” Ruiz-Colmenares v. Garland, 25 F.4th 742, 748 (9th
Cir. 2022) (citation modified).
1. Substantial evidence does not compel reversing the agency’s
determination that Mendoza Hurtado is not eligible for asylum or withholding of
removal. “An applicant alleging past persecution has the burden of establishing
that (1) his treatment rises to the level of persecution; (2) the persecution was on
account of one or more protected grounds; and (3) the persecution was committed
by the government, or by forces that the government was unable or unwilling to
control.” Baghdasaryan v. Holder, 592 F.3d 1018, 1023 (9th Cir. 2010).
Mendoza Hurtado’s claim of past persecution depends on a childhood
incident in which she saw a “hole” where a classmate’s father had kept a
kidnapped girl. The Guatemalan government arrested and convicted the
kidnapper. Mendoza Hurtado does not challenge the agency’s determination that
she failed to establish that the Guatemalan government is unable or unwilling to
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protect her. She has therefore waived any argument challenging this conclusion.1
See Nguyen v. Barr, 983 F.3d 1099, 1102 (9th Cir. 2020).
Nor does substantial evidence compel reversing the agency’s determination
that Mendoza Hurtado does not have a well-founded fear of future persecution in
Guatemala. Mendoza Hurtado remained in Guatemala for several months after the
kidnapping incident without harm. There was no indication that the individuals
she feared—the kidnapper and his wife—would harm her in the future, or that
relocation is not feasible. See Hussain v. Rosen, 985 F.3d 634, 648–49 (9th Cir.
2021).
2. Substantial evidence does not compel reversing the agency’s denial of
CAT relief. Mendoza Hurtado has not alleged past torture and has not established
that her fear of future harm is well-founded. The country-conditions evidence does
not indicate any particularized risk of torture if Mendoza Hurtado were removed to
Guatemala. See Ruiz-Colmenares, 25 F.4th at 751–52.
PETITION DENIED.2
1
Because this element is dispositive, we need not reach the question of whether
Mendoza Hurtado’s proposed social group is cognizable or whether she is a
member of that group.
2
The motion for stay of removal (Dkt. No. 1) is denied.
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